[Adopted 12-30-1992; amended in its entirety 10-11-2018 by L.L. No. 9-2018]
A.
The Town of Warwick is committed to maintaining a workplace free
from sexual harassment. Sexual harassment is a form of workplace discrimination.
The Town of Warwick has a zero-tolerance policy for any form of sexual
harassment, and all employees are required to work in a manner that
prevents sexual harassment in the workplace. This policy is one component
of the Town of Warwick's commitment to a discrimination-free
work environment.
B.
Sexual harassment is against the law. All employees have a legal
right to a workplace free from sexual harassment, and employees can
enforce this right by filing a complaint internally with the Town
of Warwick, or with a government agency or in court under federal,
state or local antidiscrimination laws.
A.
The Town of Warwick's policy applies to all employees, applicants
for employment, interns, whether paid or unpaid, contractors and persons
conducting business with the Town of Warwick.
B.
Sexual harassment will not be tolerated. Any employee or individual
covered by this policy who engages in sexual harassment or retaliation
will be subject to remedial and/or disciplinary action, up to and
including termination.
C.
Retaliation prohibition. No person covered by this policy shall be
subject to adverse employment action including being discharged, disciplined,
discriminated against, or otherwise subject to adverse employment
action because the employee reports an incident of sexual harassment,
provides information, or otherwise assists in any investigation of
a sexual harassment complaint. The Town of Warwick has a zero-tolerance
policy for such retaliation against anyone who, in good faith complains
or provides information about suspected sexual harassment. Any employee
of the Town of Warwick who retaliates against anyone involved in a
sexual harassment investigation will be subject to disciplinary action,
up to and including termination. Any employee, paid or unpaid intern,
or nonemployee[1] working in the workplace who believes they have been subject
to such retaliation should inform a supervisor, manager, or the Town
Supervisor. Any employee, paid or unpaid intern or nonemployee who
believes they have been a victim of such retaliation may also seek
compensation in other available forums, as explained below in the
section on legal protections.
[1]
A nonemployee is someone who is (or is employed by) a contractor,
subcontractor, vendor, consultant, or anyone providing services in
the workplace. Protected nonemployees include persons commonly referred
to as independent contractors, "gig" workers and temporary workers.
Also included are persons providing equipment repair, cleaning services
or any other services provided pursuant to a contract with the employer.
D.
Sexual harassment is offensive, is a violation of our policies, is
unlawful, and subjects the Town of Warwick to liability for harm to
victims of sexual harassment. Harassers may also be individually subject
to liability. Employees of every level who engage in sexual harassment,
including managers and supervisors who engage in sexual harassment
or who knowingly allow such behavior to continue, will be penalized
for such misconduct.
E.
The Town of Warwick will conduct a prompt, thorough and confidential
investigation that ensures due process for all parties, whenever management
receives a complaint about sexual harassment, or otherwise knows of
possible sexual harassment occurring. Effective corrective action
will be taken whenever sexual harassment is found to have occurred.
All employees, including managers and supervisors, are required to
cooperate with any internal investigation of sexual harassment.
F.
All employees are encouraged to report any harassment or behaviors
that violate this policy. The Town of Warwick will provide all employees
a complaint form for employees to report harassment and file complaints.
G.
Managers and supervisors are required to report any complaint that
they receive, or any harassment that they observe to the Town Supervisor.
H.
This policy applies to all employees, paid or unpaid interns, and
nonemployees and all must follow and uphold this policy. This policy
must be posted prominently in all work locations and be provided to
employees upon hiring.
A.
Sexual harassment is a form of sex discrimination and is unlawful
under federal, state, and (where applicable) local law. Sexual harassment
includes harassment on the basis of sex, sexual orientation, gender
identity and the status of being transgender.
B.
Sexual harassment includes unwelcome conduct which is either of a
sexual nature, or which is directed at an individual because of that
individual's sex when:
(1)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment, even if the complaining individual
is not the intended target of the sexual harassment;
(2)
Such conduct is made either explicitly or implicitly a term or condition
of employment; or
(3)
Submission to or rejection of such conduct is used as the basis for
employment decisions affecting an individual's employment.
C.
A sexually harassing hostile work environment may consist of words,
signs, jokes, pranks, intimidation, or physical violence which are
of a sexual nature, or which are directed at an individual because
of that individual's sex. A sexually harassing hostile work environment
may also consist of any unwanted verbal or physical advances, sexually
explicit derogatory statements or sexually discriminatory remarks
made by someone which are offensive or objectionable to the recipient,
which cause the recipient discomfort or humiliation, which interfere
with the recipient's job performance.
D.
Sexual harassment also occurs when a person in authority tries to
trade job benefits for sexual favors. This can include hiring, promotion,
continued employment or any other terms, conditions or privileges
of employment. This is also called "quid pro quo" harassment.
E.
The Town of Warwick encourages any employee who feels harassed to
file a complaint so that any violation of this policy can be corrected
promptly. Any harassing conduct, even a single incident, can be addressed
under this policy.
F.
Examples of sexual harassment.
(1)
Sexual conduct that the Town of Warwick considers unacceptable and
which may constitute sexual harassment includes, but is not limited
to, the following:
(c)
Sexually oriented gestures, noises, remarks, jokes or comments
about a person's sexuality or sexual experience, which create
a hostile work environment.
(d)
Sexual or discriminatory displays or publications anywhere in
the workplace, such as:
[1]
Displaying pictures, posters, calendars, graffiti, objects,
promotional material, reading materials or other materials that are
sexually demeaning or pornographic. This includes such sexual displays
on workplace computers or cell phones and sharing such displays while
in the workplace.
(e)
Hostile actions taken against an individual because of that
individual's sex, sexual orientation, gender identity and the
status of being transgender, such as:
G.
Who can be a target of sexual harassment?
(1)
Sexual harassment can occur between any individuals, regardless of
their sex or gender. New York law protects employees, paid or unpaid
interns, and nonemployees, including independent contractors, and
those employed by companies contracting to provide services in the
workplace. A perpetrator of sexual harassment can be a superior, a
subordinate, a coworker or anyone in the workplace including an independent
contractor, contract worker, vendor, client, customer or visitor.
H.
Where can sexual harassment occur?
(1)
Unlawful sexual harassment is not limited to the physical workplace
itself. It can occur while employees are traveling for business or
at employer sponsored events or parties. Calls, texts, emails, and
social media usage by employees can constitute unlawful workplace
harassment, even if they occur away from the workplace premises or
not during work hours.
A.
Unlawful retaliation can be any action that would keep a worker from
coming forward to make or support a sexual harassment claim. Adverse
action need not be job-related or occur in the workplace to constitute
unlawful retaliation.
B.
Such retaliation is unlawful under federal, state, and (where applicable)
local law. The New York State Human Rights Law[1] protects any individual who has engaged in "protected
activity." Protected activity occurs when a person has:
(1)
Filed a complaint of sexual harassment, either internally or with
any antidiscrimination agency;
(2)
Testified or assisted in a proceeding involving sexual harassment
under the Human Rights Law or other antidiscrimination law;
(3)
Opposed sexual harassment by making a verbal or informal complaint
to management or by simply informing a supervisor or manager of harassment;
(4)
Complained that another employee has been sexually harassed; or
(5)
Encouraged a fellow employee to report harassment.
[1]
Editor's Note: See Executive Law § 290 et seq.
A.
Preventing sexual harassment is everyone's responsibility. The
Town of Warwick cannot prevent or remedy sexual harassment unless
it knows about it. Any employee, paid or unpaid intern or nonemployee
who has been subjected to behavior that may constitute sexual harassment
is encouraged to report such behavior to a supervisor, manager or
the Town Supervisor. Anyone who witnesses or becomes aware of potential
instances of sexual harassment should report such behavior to a supervisor,
manager or Town Supervisor.
B.
Reports of sexual harassment may be made verbally or in writing.
A form for submission of a written complaint is available in every
department office, and all employees are encouraged to use this complaint
form. Employees who are reporting sexual harassment on behalf of other
employees should use the complaint form and note that it is on another
employee's behalf.
C.
Employees, paid or unpaid interns or nonemployees who believe they
have been a victim of sexual harassment may also seek assistance in
other available forums, as explained below in the section on legal
protections.
D.
Supervisory responsibilities.
(1)
All supervisors and managers who receive a complaint or information
about suspected sexual harassment, observe what may be sexually harassing
behavior or for any reason suspect that sexual harassment is occurring,
are required to report such suspected sexual harassment to the Town
Supervisor.
(2)
In addition to being subject to discipline if they engaged in sexually
harassing conduct themselves, supervisors and managers will be subject
to discipline for failing to report suspected sexual harassment or
otherwise knowingly allowing sexual harassment to continue.
(3)
Supervisors and managers will also be subject to discipline for engaging
in any retaliation.
E.
Complaint and investigation of sexual harassment.
(1)
All complaints or information about suspected sexual harassment will
be investigated, whether that information was reported in verbal or
written form. Investigations will be conducted in a timely manner,
and will be confidential to the extent possible. The Town of Warwick
may hire an outside investigator to investigate a complaint.
(2)
An investigation of any complaint, information or knowledge of suspected
sexual harassment will be prompt and thorough, and should be completed
within 30 days. If additional time is needed to complete the investigation,
the investigator will provide all parties with notice of the need
for additional time. The investigation will be confidential to the
extent possible. All persons involved, including complainants, witnesses
and alleged perpetrators will be accorded due process to protect their
rights to a fair and impartial investigation.
(3)
Any employee may be required to cooperate as needed in an investigation
of suspected sexual harassment. Employees who participate in any investigation
will not be retaliated against.
(4)
Investigations will be done in accordance with the following steps:
(a)
Upon receipt of complaint, the Town Supervisor will conduct
an immediate review of the allegations, and take any interim actions,
as appropriate. If complaint is oral, encourage the individual to
complete the complaint form in writing. If he or she refuses, prepare
a complaint form based on the oral reporting.
(b)
If documents, emails or phone records are relevant to the allegations,
take steps to obtain and preserve them.
(c)
Request and review all relevant documents, including all electronic
communications.
(d)
Interview all parties involved, including any relevant witnesses;.
(e)
When reviewing cases involving nonemployees, the investigator
shall consider the extent of the Town's control and any other
legal responsibility the Town may have with respect to the conduct
of the accused.
(f)
Create a written documentation of the investigation (such as
a letter, memo or email), which contains the following:
[1]
A list of all documents reviewed, along with a detailed summary
of relevant documents;
[2]
A list of names of those interviewed, along with a detailed
summary of their statements;
[3]
A timeline of events;
[4]
A summary of prior relevant incidents, reported or unreported;
and
[5]
The final resolution of the complaint, together with any corrective
action(s).
(g)
Keep the written documentation and associated documents in the
employer's records.
(h)
Promptly notify the individual who complained and the individual(s)
who responded of the final determination and implement any corrective
actions identified in the written document.
(i)
Inform the individual who complained of their right to file
a complaint or charge externally as outlined below.
A.
Sexual harassment is not only prohibited by the Town of Warwick but
is also prohibited by state, federal, and, where applicable, local
law.
B.
Aside from the internal process at the Town of Warwick, employees
may also choose to pursue legal remedies with the following governmental
entities at any time.
(1)
New York State Division of Human Rights (DHR).
(a)
The Human Rights Law (HRL), codified as N.Y. Executive Law,
Article 15, § 290 et seq., applies to employers in New York
State with regard to sexual harassment, and protects employees, paid
or unpaid interns and nonemployees regardless of immigration status.
A complaint alleging violation of the Human Rights Law may be filed
either with DHR or in New York State Supreme Court.
(b)
DHR's main office contact information is: NYS Division
of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York
10458, (718) 741-8400, www.dhr.hv.gov.
(c)
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint
for more information about filing a complaint. The website has a complaint
form that can be downloaded, filled out, notarized and mailed to DHR.
(2)
United States Equal Employment Opportunity Commission (EEOC).
(a)
The EEOC enforces federal antidiscrimination laws, including
Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C.
§ 2000e et seq.).
(b)
If an employee believes that he/she has been discriminated against
at work, he/she can file a charge of discrimination with the EEOC.
The EEOC has district, area, and field offices where complaints can
be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820(TTY)),
visiting their website at www.eeoc.gov or via email at info@eeoc.gov.
(c)
If an individual filed an administrative complaint with DHR,
DHR will file the complaint with the EEOC to preserve the right to
proceed in federal court.
All departments and boards of the Town shall widely distribute
this policy statement by providing a copy to each employee and by
including it in all employee orientation procedures.
